Bankers Trust Hudson Valley v. Bressman — 56 N.Y.2d 565

Majority

p. 565

Bankers Trust Hudson Valley, N. A., Appellant, v Arthur Y. Bressman et al., Respondents.

Decided March 25, 1982

p. 566

APPEARANCES OF COUNSEL

David L. Posner for appellant.

Mark Cask for respondents.

OPINION OF THE COURT

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [b]), order affirmed, with costs. It was error as a matter of law to have denied the motion to dismiss where plaintiff deliberately chose not to serve the complaint within the prescribed time (see Barasch v Micucci, 49 NY2d 594 ).

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.

Cases cited

Barasch v. Micucci 49 NY2d 594 N.Y. 1980-03-25 p. 566